The Palatka daily news. (Palatka, Fla.) 1884-1888, 1887-06-01
HIS CHOICE NGT CONFINED.
The President not Restricted. Geographi-
caIIy. I'm Choosing a Justice.

caIIy. i'm Choosing a Justice.
WASHINGTON, May 3l.-A prominent
official, entirely disinterested, who has
talked with the President in regard TO
the vacancy in the United States SUI
preme Court caused by the death of JUS
tice Woods, said TO a representative of
the Associated Press to-day, that while
the president has decided to give the
place to the South. he Is satisfied that
there is nothing in the Constitution, law
or precedents which confines the selec-
ton of the appointee TO the States in
cluded in the Circuit in which the de-
ceased Judge was assigned. The official
explained that while Congress fixes the
boundary of Judicial Circuits, the
of the judges, and it has frequently hap
pened that a judge appointed from one
State is assigned to a circuit in an en-
tirely different section of the country,
and also that when a vacancy has oc-
CURED in any particular circuit it has
been frequently filed by an appoint
ment from State altogether outside of
its jurisdiction. In demonstrating this
assertion the official said that Judge
Taney, at the time of his death, i'm 1884,
presided over the Fourth Circuit, which
included the States of Maryland, West
Virginia. Virginia, South Carolina and
North Carolina: but, instead of selecting
his successor from one of those States,
the President appointed Judge Chase, of
Ohio, and he was assigned to the Fourth
Circuit. Judge Swayne, of Ohio, was
also ON the bench at that time,
so Judge Chase's appointment gave
Ohio two representatives ON the bench
at the same time. When Chase died, in
1878, making another vacancy in the
Fourth Circuit, ex-Attorney General
Williams, of Oregon, was nominated for
the place, but was rejected by the SEN
ate. Caleb Cushing, of Massachusetts,
was next nominated and he, too, was re-
jected- These gentlemen" said the
speaker, ''were rejected for political
reasons, and not because they did not
belong to States included i'm the
circuit where the vacancy existed.
There can be no question on that score"
he said, ''for the reason that the next
gentleman nominated-Judge Waite
was from Ohio, and he was confirmed.
He was assigned to the Fourth Circuit.
Then again, when Grier, of Pennsyl-
vania died in 1869. Judge Stanton, of
Ohio, was appointed to his place, not
withstauding that circuit embraced the
States of Pennsylvania, New Jersey and
Delaware. Stanton died, however, soon
after his appointment, and before he
could take his seat. Judges Waite and
Swayne. both from Ohio, sat on the bench
for several years together, and when
the latter retired, Stanley Mathews, of
Ohio, was appointed in his place; so that
there are two men from the same State
still on the bench. Then again
Judge Bradley, who was ap-
appointed from New Jersey in 1870. was
assigned to the Fifth Circuit, embracing
the States of Georgia, Florida, Alabama,
Mississippi, Louisiana and Texas. How
ever, when Judge Wood, of Georgia,
was appointed, Judge Bradley was trans
ferred to another circuit the Ohio, and
Judge Wood was given the Fifth Circuit.
Il have just mentioned these facts,
remarked the official, ito show that the
President, in selecting person for the
existing vacancy, can take a man from
wherever he pleases, and there is moth
ing more to prevent him from doing so
than there is to prevent him from taking
two members of his cabinet from the
same State.
1.-The President realizes the importance
of getting a good man for this place, and
while he has committed himself as be-
ing favorable to a Southern man, he
does not feel obliged to cOnfine his selec-
ton to the states i'm the circuit where va
cancy exists. You must not understand,
however, that he has decided to appoint
an outside man, L have only said what i
have To show you that the President has
great latitude i'm the matter, and that he
has a large field to select from. Al
though extraordinary pressure is being
brought to bear upon the President and
the Attorney General, now that the lat
ter has declared himself out of the race,
in the interests of applicants of whom
there are more than a score, l don't
think that the President will make his